§ 3005. False representations; lotteries

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Postal Reorganization Act

   Pub. L. 91–375 · 84 Stat. 719

   Enacted · 39 U.S.C. § 3005

   Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747

   Source evidence

   Code source credit
   Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747

2. 1975

   Pub. L. 93–583 § 4 · 88 Stat. 1916

   Added · 39 U.S.C. § 3005(d)

   Pub. L. 93–583 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 93–583 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 4. Section 3005 of title 39 of the United States Code is amended by adding at the end thereof the following subsection: “(d) Nothing in this section shall prohibit the mailing of (1) a newspaper of general circulation published in a State containing advertisements, lists of prizes, or information concerning a lottery conducted by that State acting under authority of State law, or (2) tickets or other materials concerning such a lottery within that State to addresses within that State. For the purposes of this subsection, ‘State’ means a State of the United States, the District of Columbia, “State.” the Commonwealth of Puerto Rico, and any territory or possession of the United States.”.

3. 1976

   Pub. L. 94–525 § 2 · 90 Stat. 2478

   Substituted · 39 U.S.C. § 3005(d)

   Pub. L. 94–525 substituted “a newspaper of general circulation containing advertisements, lists of prizes, or information concerning a lottery conducted by a State acting under authority of State law, published in that State, or in an adjacent State which conducts such a lottery,” for “a newspaper of general circulation published in a State containing advertisements, lists of prizes, or information concerning a lottery conducted by that State acting under authority of State law,”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–525 substituted “a newspaper of general circulation containing advertisements, lists of prizes, or information concerning a lottery conducted by a State acting under authority of State law, published in that State, or in an adjacent State which conducts such a lottery,” for “a newspaper of general circulation published in a State containing advertisements, lists of prizes, or information concerning a lottery conducted by that State acting under authority of State law,”.

   Enacted provision · exact public law section
   Sec. 2. The first sentence of subsection (d) of section 3005 of title 39, United States Code, is amended by striking the words “a newspaper of general circulation published in a State containing advertisements, lists of prizes, or information concerning a lottery conducted by that State acting under authority of State law,” and inserting the words, “a newspaper of general circulation containing advertisements, lists of prizes, or information concerning a lottery conducted by a State acting under authority of State law, published in that State, or in an adjacent State which conducts such a lottery,”, in lieu thereof.

4. 1978

   Pub. L. 95–360 · 92 Stat. 594

   Inserted · 39 U.S.C. § 3005(a)

   Pub. L. 95–360 inserted provisions relating to nonmailable matter under section 3001(d) of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–360 inserted provisions relating to nonmailable matter under section 3001(d) of this title.

5. 1983

   Mail Order Consumer Protection Amendments of 1983

   Pub. L. 98–186 § 2(a) · 97 Stat. 1315

   Added · 39 U.S.C. § 3005(a)(3)

   Pub. L. 98–186, § 2(a), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 98–186, § 2(a), added par. (3).

   Enacted provision · exact public law section
   (a) Section 3005(a) of title 39, United States Code, is amended— (1) by striking out “and” at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof ‘, and”; and (3) by inserting after paragraph (2) the following new paragraph: “(3) requires the person or his representative to cease and desist from engaging in any such scheme, device, lottery, or gift enterprise.”.

6. 1983

   Mail Order Consumer Protection Amendments of 1983

   Pub. L. 98–186 § 2(b) · 97 Stat. 1315

   1. Struck · 39 U.S.C. § 3005(d)

      Pub. L. 98–186, § 2(b), struck out “or” before “(2)”

   2. Inserted · 39 U.S.C. § 3005(d)

      Pub. L. 98–186, § 2(b), inserted “or” before “(3)”

   3. Inserted · 39 U.S.C. § 3005(d)

      Pub. L. 98–186, § 2(b), inserted cl. (3) and provision relating to applicability of cl. (3)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 98–186, § 2(b), struck out “or” before “(2)”, inserted “or” before “(3)”, and inserted cl. (3) and provision relating to applicability of cl. (3).

   Enacted provision · exact public law section
   (b) The first sentence of section 3005(d) of such title is amended— (1) by striking out “or” before “(2)”; and (2) by inserting before the period a comma and “or (3) an advertisement promoting the sale of a book or other publication, or a solicitation to purchase, or a purchase order for any such publication, if (A) such advertisement, solicitation, or purchase order is not materially false or misleading in its description of the publication; (B) such advertisement, solicitation, or purchase order contains no material misrepresentation of fact: Provided, however, That no statement quoted or derived from the publication shall constitute a misrepresentation of fact as long as such statement complies with the requirements of subparagraphs (A) and (C); and (O the advertisement, solicitation, or purchase order accurately discloses the source of any statements quoted or derived from the publication. Paragraph (3) shall not be applicable to any publication, advertisement, solicitation, or purchase order which is used to sell some other product in which the publisher or author has a financial interest as part of a commercial scheme”.

7. 1983

   Mail Order Consumer Protection Amendments of 1983

   Pub. L. 98–186 § 2(c) · 97 Stat. 1315

   Added · 39 U.S.C. § 3005(e)

   Pub. L. 98–186, § 2(c), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–186, § 2(c), added subsec. (e).

   Enacted provision · exact public law section
   (c) Section 3005 of such title is amended by adding at the end thereof the following new subsection: “(e) (1) In conducting an investigation to determine if a person is engaged in any of the activities covered by subsection (a) of this section, the Postmaster General (or any duly authorized agent of the Postmaster General) may tender, at any reasonable time and by any reasonable means, the price advertised or otherwise requested for any article or service that such person has offered to provide through the mails. “(2) A failure to provide the article or service offered after the Postmaster General or his agent has tendered the price advertised or otherwise requested in the manner described in paragraph (1) of this subsection, and any reasons for such failure, may be considered in a proceeding held under section 3007 of this title to determine if there is probable cause to believe that a violation of this section has occurred. “(3) Regulations. The Postmaster General shall prescribe regulations under which any individual seeking to make a purchase on behalf of the Postal Service under this subsection from any person shall— “(A) identify himself as an employee or authorized agent of the Postal Service, as the case may be; “(B) state the nature of the conduct under investigation; and “(C) inform such person that the failure to complete the transaction may be considered in a proceeding under section 3007 of this title to determine probable cause, in accordance with paragraph (2) of this subsection.”.

8. 1988

   Charity Gaines Advertising Clarification Act of 1988

   Pub. L. 100–625 § 2(c) · 102 Stat. 3205

   Amended · 39 U.S.C. § 3005(d)(1)

   Pub. L. 100–625 amended cl. (1) generally. Prior to amendment, cl. (1) read as follows: “a newspaper of general circulation containing advertisements, lists of prizes, or information concerning a lottery conducted by a State acting under authority of State law, published in that State, or in an adjacent State which conducts such a lottery,”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 100–625 amended cl. (1) generally. Prior to amendment, cl. (1) read as follows: “a newspaper of general circulation containing advertisements, lists of prizes, or information concerning a lottery conducted by a State acting under authority of State law, published in that State, or in an adjacent State which conducts such a lottery,”.

   Enacted provision · exact public law section
   (c) Postal Service Regulation of Lotteries.— Paragraph (1) of section 3005(d) of title 39, United States Code, is amended to read as follows: “(1) publications containing advertisements, lists of prizes, or information concerning a lottery, which are exempt, pursuant to section 1307 of title 18 of the United States Code, from the provisions of sections 1301, 1302, 1303, and 1304 of title 18 of the United States Code,”.

9. 1990

   Deceptive Mailings Prevention Act of 1990

   Pub. L. 101–524 § 2(b) · 104 Stat. 2301

   Substituted · 39 U.S.C. § 3005(a)

   Pub. L. 101–524 substituted “section 3001(d), (f), or (g)” for “section 3001(d)” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–524 substituted “section 3001(d), (f), or (g)” for “section 3001(d)” in two places.

   Enacted provision · exact public law section
   (b) Deceptive Mailings as False Representations.— Section 3005(a) of title 39, United States Code, is amended by striking out “section 3001(d)” each place that it appears and inserting in lieu thereof “section 3001 (d), (f), or (g)”.

10. 1991

    Pub. L. 102–71 § 2(2) · 105 Stat. 330

    Substituted · 39 U.S.C. § 3005(a)

    Pub. L. 102–71 substituted “3001(d), (h), or (i)” for “section 3001(d), (f), or (g)” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–71 substituted “3001(d), (h), or (i)” for “section 3001(d), (f), or (g)” in two places.

    Enacted provision · exact public law section
    SEC. 2. TECHNICAL CORRECTIONS. Title 39, United States Code, is amended— (1) in section 3001, by redesignating the 2 subsections immediately following the first subsection (i) as subsections (j) and (k), respectively; and (2) in section 3005(a), by striking “section 3001 (d), (f), or (g)” each place it appears and inserting “3001 (d), (h), or (i)”.

11. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 104 · 113 Stat. 1806

    Struck and inserted · 39 U.S.C. § 3005(a)

    Pub. L. 106–168, § 104, in two places, struck out “or” after “(h),” and inserted “, (j), or (k)” after “(i)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–168, § 104, in two places, struck out “or” after “(h),” and inserted “, (j), or (k)” after “(i)”.

    Enacted provision · exact public law section
    SEC. 104. POSTAL SERVICE ORDERS TO PROHIBIT DECEPTIVE MAILINGS. Section 3005(a) of title 39, United States Code, is amended— (1) by striking “or” after “(h),” each place it appears; and (2) by inserting “, (j), or (k)” after “(i)” each place it appears.

    Effective date note
    Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title.

12. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 105(b)(2)(A) · 113 Stat. 1806

    Substituted · 39 U.S.C. § 3005(c)

    Pub. L. 106–168, § 105(b)(2)(A), substituted “section,” for “section and section 3006 of this title,”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–168, § 105(b)(2)(A), substituted “section,” for “section and section 3006 of this title,”.

    Enacted provision · exact public law section
    (A) Section 3005(c) of title 39, United States Code, is amended by striking “section and section 3006 of this title,” and inserting “section,”.

    Effective date note
    Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title.

13. 2006

    Pub. L. 109–435 title X § 1010(g)(3) · 120 Stat. 3198

    1. Substituted · 39 U.S.C. § 3005(a)

       Pub. L. 109–435 substituted “under section 3001(d),” for “under 3001(d),” in concluding provisions

    2. Substituted · 39 U.S.C. § 3005(a)

       Pub. L. 109–435 substituted “under such section 3001(d),” for “under such 3001(d),” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–435 substituted “under section 3001(d),” for “under 3001(d),” in introductory provisions and “under such section 3001(d),” for “under such 3001(d),” in concluding provisions.

    Enacted provision · exact public law section
    (3) in section 3005(a)— (A) in the matter before paragraph (1), by striking all that follows “nonmailable” and precedes “(h),” and inserting “under section 3001(d),”; and (B) in the sentence following paragraph (3), by striking all that follows “nonmailable” and precedes “(h),” and inserting “under such section 3001(d),”;

14 of 16 references resolved to an enrolled provision · 2 partial